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42 U.S.C. § 6864a — Financial assistance

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6864a — Financial assistance

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Source location: Title 42, Chapter 81, § 6864a; chapter-081-energy-conservation-and-resource-renewal.md

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**(a) Annual application; contents; allocation to States** The Secretary shall provide financial assistance, from sums appropriated for any fiscal year under this part, only upon annual application. Each such application shall describe the estimated number and characteristics of the low-income persons and the number of dwelling units to be assisted and the criteria and methods to be used by the applicant in providing weatherization assistance to such persons. The application shall also contain such other information (including information needed for evaluation purposes) and assurances as may be required (1) in the regulations promulgated pursuant to [section 6863 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6863&num=0&edition=prelim) and (2) to carry out this section. The Secretary shall allocate financial assistance to each State on the basis of the relative need for weatherization assistance among low-income persons throughout the States, taking into account the following factors: (A) The number of dwelling units to be weatherized. (B) The climatic conditions in the State respecting energy conservation, which may include consideration of annual degree days. (C) The type of weatherization work to be done in the various settings. (D) Such other factors as the Secretary may determine necessary, such as the cost of heating and cooling, in order to carry out the purpose and provisions of this part. **(b) Requirements for assistance** The Secretary shall not provide financial assistance under this part unless the applicant has provided reasonable assurances that it has— (1) established a policy advisory council which (A) has special qualifications and sensitivity with respect to solving the problems of low-income persons (including the weatherization and energy-conservation problems of such persons), (B) is broadly representative of organizations and agencies which are providing services to such persons in the State or geographical area in question, and (C) is responsible for advising the responsible official or agency administering the allocation of financial assistance in such State or area with respect to the development and implementation of such weatherization assistance program; (2) established priorities to govern the provision of weatherization assistance to low-income persons, including methods to provide priority to elderly and handicapped low-income persons, and such priority as the applicant determines is appropriate for single-family or other high-energy-consuming dwelling units; (3) established policies and procedures designed to assure that financial assistance provided under this part will be used to supplement, and not to supplant, State or local funds, and, to the extent practicable, to increase the amounts of such funds that would be made available in the absence of Federal funds for carrying out the purpose of this part, including plans and procedures (A) for securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3111](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3111&num=0&edition=prelim) et seq.], to work under the supervision of qualified supervisors and foremen, (B) for using Federal financial assistance under this part to increase the portion of low-income weatherization assistance that the State obtains from non-Federal sources, including private sources, and (C) for complying with the limitations set forth in [section 6865 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6865&num=0&edition=prelim); and (4) selected on the basis of public comment received during a public hearing conducted pursuant to [section 6865(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6865/b/1&num=0&edition=prelim), and other appropriate findings, community action agencies or other public or nonprofit entities to undertake the weatherization activities authorized by this subchapter: Provided, Such selection shall be based on the agency’s experience and performance in weatherization or housing renovation activities, experience in assisting low-income persons in the area to be served, and the capacity to undertake a timely and effective weatherization program: Provided further, That in making such selection preference shall be given to any community action agency or other public or nonprofit entity which has, or is currently administering, an effective program under this subchapter or under title II of the Economic Opportunity Act of 1964 [[42 U.S.C. 2781](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2781&num=0&edition=prelim) et seq.]. **(c) Annual update of data used in allocating funds** Effective with fiscal year 1991, and annually thereafter, the Secretary shall update the population, eligible households, climatic, residential energy use, and all other data used in allocating the funds under this part among the States pursuant to subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6865 — Hiring

The Secretary may, as the Secretary determines appropriate, encourage entities receiving funding from the Federal Government or from a State through a weatherization program under [section 6863 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6863&num=0&edition=prelim) or [section 6864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864&num=0&edition=prelim), to prioritize the hiring and retention of employees who are individuals described in [section 6864d(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864d/a/5&num=0&edition=prelim).

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5 U.S.C. § 3502 — Order of retention

**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim); (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and (C) is entitled to credit for— (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c). **(b)** A preference eligible described in [section 2108(3)(C) of this title](https

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6863 — Definitions

As used in this part: (1) The term “Secretary” means the Secretary of Energy. (2) The term “Director” means the Director of the Community Services Administration. (3) The term “elderly” means any individual who is 60 years of age or older. (4) The term “Governor” means the chief executive officer of a State (including the Mayor of the District of Columbia). (5) The term “handicapped person” means any individual (A) who is an individual with a disability, as defined in [section 705 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section705&num=0&edition=prelim), (B) who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act [[42 U.S.C. 1382c(a)(3)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c/a/3/A&num=0&edition=prelim), 423(d)(1)] or in section 102(7) 11 See References in Text note below. of the Developmental Disabilities Services and Facilities Construction Act [[42 U.S.C. 6001(7)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6001/7&num=0&edition=prelim)], or (C) who is receiving benefits under chapter 11 or 15 of title 38. (6) The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by [section 3002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3002&num=0&edition=prelim). (7) The term “low-income” means that income in relation to family size which (A) is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agricultur

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3111 — Purposes

The purposes of this Act are the following: (1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market. (2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States. (3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America’s workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America’s employers with the skilled workers the employers need to succeed in a global economy. (4) To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers. (5) To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States. (6) For purposes of parts A and B of subchapter I, to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3101 — Reduction of reporting burdens and requirements

In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2781 — Omitted

### Statutory Notes #### Codification Sections were omitted in the general amendment of part C of this subchapter by Pub. L. 90–222, title I, § 104, Dec. 23, 1967, 81 Stat. 703. Section 2821, Pub. L. 88–452, title II, § 219–1, formerly § 219, Aug. 20, 1964, 78 Stat. 523; renumbered § 219–1, Pub. L. 89–794, title IX, § 901(b), Nov. 8, 1966, 80 Stat. 1475, set out the statement of purpose for the voluntary assistance program for needy children. Section 2822, Pub. L. 88–452, title II, § 220, Aug. 20, 1964, 78 Stat. 523; Pub. L. 89–253, § 20, Oct. 9, 1965, 79 Stat. 976, provided for the establishment within the Office of Economic Opportunity of an information and coordinating center but prohibiting the interference with jurisdiction of State and local welfare agencies with respect to programs for needy children.

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29 U.S.C. § 3111 — State workforce development boards

Page 828 TITLE 29—LABOR § 3111 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innova- tion and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chap- ter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The National Apprenticeship Act, referred to in par. (7)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables. The Wagner-Peyser Act, referred to in par. (13)(C), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. Sec- tions 1 to 13 of the Act are classified to sections 49 to 49c, 49d, and 49e to 49l of this title, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables. The Rehabilitation Act of 1973, referred to in par. (13)(D), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified generally to part C (§ 741) of subchapter I of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Social Security Act, referred to in pars. (24)(K) and

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2781 — Repealed. Pub. L. 97–35, title VI, § 683(a),

Page 5628 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 2763 to 2768 placed a limitation on Federal share of cost of special impact programs. §§ 2763 to 2768. Repealed. Pub. L. 92–424, § 25(b), Sept. 19, 1972, 86 Stat. 703 Section 2763, Pub. L. 88–452, title I, § 150, as added Pub. L. 90–222, title I, § 103, Dec. 23, 1967, 81 Stat. 688, re- lated to Congressional statement of purpose. Section 2764, Pub. L. 88–452, title I, § 151, as added Pub. L. 90–222, title I, § 103, Dec. 23, 1967, 81 Stat. 688, re- lated to establishment of programs. Section 2765, Pub. L. 88–452, title I, § 152, as added Pub. L. 90–222, title I, § 103, Dec. 23, 1967, 81 Stat. 689, re- lated to requirements for financial assistance. Section 2766, Pub. L. 88–452, title I, § 153, as added Pub. L. 90–222, title I, § 103, Dec. 23, 1967, 81 Stat. 689, re- lated to application of other Federal resources. Section 2767, Pub. L. 88–452, title I, § 154, as added Pub. L. 90–222, title I, § 103, Dec. 23, 1967, 81 Stat. 690, re- lated to an evaluation of effectiveness of the program. Section 2768, Pub. L. 88–452, title I, § 155, as added Pub. L. 90–222, title I, § 103, Dec. 23, 1967, 81 Stat. 690, re- lated to Federal share of program costs. PART E—SPECIAL WORK AND CAREER DEVELOPMENT PROGRAMS §§ 2769 to 2769f. Repealed. Pub. L. 93–203, title VI, § 614, Dec. 28, 1973, 87 Stat. 883 Section 2769, Pub. L. 88–452, title I, § 161, as added Pub. L. 91–177, title II, § 201, Dec. 30, 1969, 83 Stat. 833, set out Congressional statement of purpose in pro- viding for special work and career development pro- grams. Section 2769a, Pub. L. 88–452, title I, § 162, as added Pub. L. 91–177, title II, § 201, Dec. 30, 1969, 83 Stat. 834, provided for special programs for unemployed. Section 2769b, Pub. L. 88–452,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6864a — Private sector investments

Page 6907 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6864d service employment workers, pursuant to title I of the Workforce Innovation and Opportunity Act’’ for ‘‘se- curing, to the maximum extent practicable, the serv- ices of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998’’. 1998—Subsec. (b)(3). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(29)], struck out ‘‘the Job Training Partnership Act or’’ after ‘‘pursuant to’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(38)], sub- stituted ‘‘the Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’ for ‘‘the Com- prehensive Employment and Training Act of 1973’’. 1990—Subsec. (a)(D). Pub. L. 101–440, § 7(c)(1), inserted ‘‘, such as the cost of heating and cooling,’’ after ‘‘nec- essary’’. Subsec. (b)(3). Pub. L. 101–440, § 7(g), added cl. (B) and redesignated former cl. (B) as (C). Subsec. (c). Pub. L. 101–440, § 7(c)(2), added subsec. (c). 1980—Subsec. (a). Pub. L. 96–294, § 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (b). Pub. L. 96–294, §§ 573(c), 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(38)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(29)] of Pub. L. 105–277 effective

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